The public has a legal right to receive an accurate and factual representation of any product or service that they might purchase. Making false, misleading, or deceptive claims about the quality, nature, price, or purpose of any product or service is illegal under federal and state law. In fact, Federal Trade Commission (FTC) regulations are explicit that advertisers must have proof to support the claims they make in advertisements.
As a result of having to compete for the public's attention in a marketing-dominated environment, some companies have become proficient at obscuring and omitting information about their products and services that would be highly relevant to consumers in making their purchasing decisions.
Companies sometimes engage in false advertising, which encompasses any claim that is untruthful or deceptive to a reasonable consumer. Companies sometimes also engage in misleading advertising, which encompasses any claim that may give a consumer the wrong impression about a product or service. Common false or misleading business practices include:
- Bait and switch advertising - promoting a product that a company does not intend to sell or provide (i.e. promising to sell an item at a certain cost, when in fact they plan to sell something that is more costly).
- High-pressure sales - tactics to get consumers to make unwanted purchases.
- Intentional or deceptive non-disclosure of offer expirations.
- Deceptive form contracts and fine print exclusions that mislead consumers.
- Artificially inflated wholesale or retail prices.
- False claims of going out of business.
Financial damages lost due to false advertising can be large or relatively small. Regardless, they are not costs that consumers should have to bear. Where false or misleading advertising causes physical harm or injury consumers, civil penalties can be imposed to recover monetary damages.
If you or someone you know has been defrauded or harmed by false or misleading advertising you may be eligible to seek compensation for your losses. Contact Chmielewski Law Office today via our email form or toll free at 866-446-6529 to arrange for a no-fee case evaluation to protect your legal rights and maximize your options.
